TRANSMITTAL LETTER FOR BOARD MEETING OF AUGUST 7, 2014
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to settle Oak Mill Bakery Noncompliance Enforcement Charges in the total amount of $3,500.00, User No. 26330, Enforcement Action No. 90299
Body
Dear Sir:
The Metropolitan Water Reclamation District of Greater Chicago ("District") and Oak Mill Bakery ("Oak Mill") have reached a settlement of a Board Appeal arising out of a Noncompliance Enforcement Charge ("NCE"), thereby eliminating the need for a formal hearing before the District's Board of Commissioners ("Board").
Oak Mill appealed the assessment of the NCE charge for violation 89902 to the District's Director of the Monitoring and Research Department ("M&R") and upon conclusion of the Director's Appeal, it was determined that the NCE charge of $2,486.00 was valid. Oak Mill subsequently appealed the Director's Determination to the Executive Director, who granted Oak Mill's request for an appeal by virtue of a letter dated September 19, 2013.
During the pendency of the original appeal, the District issued an additional three NCE charges for violations 90267, 90696, and 91091. Each assessed NCE charge is $2,486.00 and derives from an exceedance of the maximum allowable fats, oils, and grease concentration limit under Appendix B of the Sewage and Waste Control Ordinance.
Oak Mill has implemented a procedure to manually abate the fats, oils, and grease entering the sewer system. The District and Oak Mill have subsequently agreed to accept $3,500.00 as Oak Mill's Total NCE Charge liability for the four violations. M&R has reviewed the settlement and has no objection to same and the Hearing Officer retained by the Board to adjudicate this matter, James J. Caronis, has approved the settlement on these terms.
The parties have agreed to the settlement of this matter on the above-stated terms.
Therefore, the General Counsel respectfully requests that the Board of Commissioners approve the settlement of Oak Mill Bakery's NCE charges in the total amount $3,500.00, and for authority to execute such documents as may be necessary to effect same.
Requested, Ronald M. Hill, General Counsel, RMH:LLD:JJZ:YAT:cb
Respectfully Submitted, Mariyana T. Spyropoulos, Chairman Committee on Judiciary
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for August 7, 2014.